Possible legal issues with domain names?

[cybernetic]

I'm considering getting some domain names using the following format:

manufacturers name, product name, word.

For example...

XyzcompanyProductNameInfo.com

If I use the above format, could I run into potential legal issues with the manufacturer?

Thanks in advance for any input.

 

[McDot]

Simple answer: Yes

Further reflection: Depends what you want to do with the domain(s)

 

[cybernetic]

I was thinking of just parking the domains and there would be links to articles related to the domain/keywords. Has anyone done this and encountered any legal trouble? I would think the manufacturers would not mind as you are basically advertising for them and not trying to compete with them?

 

[TheBaldOne]

Still think it would be a problem. The manufacturers would rather have no website there, especially as they would not control content.

 

[Skinny]

Hey Cybernetic,

I thought the same way too...what's the big deal right?

a) Companies can be pretty antsy about people using their trademarks. Now let's use this example:

AppleIpodStore.com

1) Apple is a registered trademark
2) So is iPod
3) They could argue that visitors would visit thinking that they could come to this site but not getting the official site (misrepresentation).

You don't have one but two trademarks in the name.

b) Are you going to be making any money off of this? Do you own the articles that will be linked to? If so are you making money off of them (adsense, affiliate links, etc)?

If so this is a big no-no because they will see you making money off of the trademarks.

c) I would stay far far away from companies who have too much money to pay lawyers to come after you or me.

That's just my advice.

Skinny

 

[cybernetic]

Thanks for the info guys.

 

[cybernetic]

Ok, what about domains like these that I own? Potential issues with google or no?

TurnkeyXXXXXXX.com
xxxxxxxMovies.com

 

[Skinny]

I would edit the names out. (don't mention names on public forums where anyone can see it).

Both domains have trademark violations in them . . .

Do searches here to find out if terms have been trademarked:
http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=ev3dd2.1.1

3 things that have to be proven for the legal owner of the trademarks to take away your name(s):

A. The domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

B. the Respondent has no rights or legitimate interests in respect of the domain name; and

C. the domain name has been registered and is being used in bad faith.

It's always risky which is why I stay out because I don't have the money to fight a case. Anytime you own a domain with a trademark in it the company can come after you. Some do more than others but there is always risk.

Skinny

 

[cybernetic]

Thanks again Skinny. From this point on I'll be staying away from potential trademark issue domains. I know if I let those I do have expire, someone else will probably grab them and do the exact same thing I am currently doing with them, parking them and using adsense. Live and learn I guess. Good advice though.

 

[Skinny]

For sure cybernetic,

I made several mistakes myself. . . and I'm always learning.

The only time I think you would use a trademark is if it didn't have anything to do with the trademark.

eg. AppleMarket.com

Let's say I sell apples online right. Apple computers can't come after me. So if you have something like that then you are safe.

But if you owned AppleComputers.com then you will have bigger problems.

 

[cybernetic]

Thanks again Skinny, but one more question

Is there potential issues with domains in this format?

PROATHLETENAMEnews.com or similar types? Does using a pro athletes name in a domain cause potential legal issues aswell?

 

[Skinny]

Actually that is a really good question cybernetic.

And the answer is actually yes. Athlete or famous person it doesn't really matter.

The fact is that their name is their trademark. Pretty neat!

Again they could go after any and all (may happen may not) domains with their name in it. But there are tons of fan sites devoted to stars and athletes. Most carry a pretty large and clear disclaimer stating that this is the fan site of not the official site of.

Still could be risky. They would more likely go after ATHLETENAME.com vs ATHELTENAMEnews.com.

But again it comes down to representation etc.

There was a case where a famous basketball player (I believe dang. . . can't remember the name) took the name away from someone who had registered the .mobi version of his name.

So I would probably avoid 'news' because it might seem like you are the official site of a famous person vs. another ending.

Do these sites exist? Sure they do
http://www.google.ca/search?hl=en&q=paris+hilton+fan+site&btnG=Google+Search&meta=
http://www.google.ca/search?hl=en&q=sydney+crosby+fan+site&btnG=Search&meta=

Do all these site's get penalized? No they don't but some do especially if they are making money off of the person's name.

So again it's down to risk.